EN

Official Journal of the European Union

C 294/13

(Case C-139/22)

(2022/C 294/18)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicants: AM and PM

Defendant: mBank S.A.

Questions referred

1.Must Article 3(1), Article 7(1) and (2), and Article 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) and the principle of effectiveness be interpreted as meaning that, in order for a contractual term which has not been individually negotiated to be regarded as unfair, it is sufficient to ascertain that the content of that contractual term corresponds to that of a provision of a standard contract which has been entered in the register of unfair terms?

2.Must Article 3(1) of Council Directive 93/13/EEC … be interpreted as precluding a judicial body from interpreting national provisions in such a way that an unfair contractual term loses its unfair character if the consumer can choose to perform his or her obligations arising from the contract concerned on the basis of another term of that contract which is fair?

3.Must Article 3(1) and Article 4(1) of Council Directive 93/13/EEC … be interpreted as meaning that a seller or supplier is required to inform each consumer of the essential characteristics of the contract and the risks associated with the contract, even if the consumer in question has relevant knowledge of the subject matter?

4.Must Article 3(1), Article 6 […] and Article 7(1) of Council Directive 93/13/EEC … be interpreted as meaning that, where more than one consumer concludes the same contract with a single seller or supplier, the same contractual terms may be regarded as unfair to the first consumer and fair to the second and, if so, may the consequence be that the contract is invalid as far as the first consumer is concerned and valid as far as the second consumer is concerned, such that he or she is subject to all the obligations arising from that contract?

(1) OJ 1993 L 95, p. 29.